Designated for publication per curiam (voting against en banc rehearing: Richman, Jones, Smith, Southwick, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson; voting for en banc rehearing: Stewart, Elrod, Haynes, Graves, Higginson, Douglas, Ramirez); Elrod, J., dissenting (joined by Stewart, Graves, Higginson, Douglas, JJ.); Douglas, J., dissenting (joined by Graves, Higginson, JJ., and by Elrod, J., as … More February 29, 2024, opinions
Unpublished per curiam (Jones, Barksdale, Elrod), Elrod, J., concurring; criminal, sentencing, sufficiency of evidence Affirming convictions and sentences on drug trafficking-related charges related to sales of drugs by defendants in one of the defendants’ nightclubs. Judge Elrod concurred, opining that, while the admission of certain testimony and a redacted statement were harmless error, they “nevertheless … More February 28, 2024, opinions
Designated for publication Jones, J. (Jones, Wilson, Douglas), Jones, J., concurring; habeas corpus, Brady violation, due process Denying motion for permission to file a successive § 2254 petition by capital inmate to urge Brady violations regarding potentially impeaching evidence as to testimony from the petitioner’s girlfriend and due process violations regarding the petitioner’s request for … More February 27, 2024, opinions
Designated for publication per curiam (Jolly, Engelhardt, Oldham), criminal, sentencing, Miranda Affirming conviction and 235-month sentence on drug and firearm offenses. The Court held that the district court did not err in denying a motion to suppress a non-Mirandized statement by the defendant upon his arrest that he had a handgun in his bedroom, because … More February 26, 2024, opinions
Designated for publication Jones, J. (Jones, Haynes, Douglas), criminal, sentencing, restitution Affirming convictions for healthcare fraud and receiving Medicare kickbacks, upholding the admission of recordings of the co-conspirators, the calculation of the amount of improper benefit for sentencing purposes, and the calculation of the restitution award. per curiam (voting against en banc rehearing: Stewart, Elrod, … More February 19-21, 2024, opinions
Designated for publication Dennis, J. (Stewart, Dennis, Higginson), Higginson, J., dissenting; False Claims Act Affirming dismissal for lack of subject-matter jurisdiction of former employee’s False Claims Act claims against former employer, claiming retaliation for reporting fraudulent misrepresentations made to the Navy, and summary judgment dismissal of remaining claim; holding that “the district court correctly held … More February 14-16, 2024, opinions
Designated for publication per curiam (Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez, JJ., voting against en banc rehearing; Smith, Elrod, Willett, Ho, Duncan, Oldham, JJ., voting for en banc rehearing); Clement, J., concurring in denial of rehearing en banc (joined by Jones, Stewart, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez); Ho, J., … More February 5-7, 2024, opinions
Designated for publication Southwick, J. (Stewart, Dennis, Southwick), Dennis, J., dissenting; qualified immunity Reversing denial of qualified immunity summary judgment on behalf of officers who attempted to execute a search warrant through a SWAT team, but on the wrong address (though the warrant itself showed the correct address), and remanding with instructions to dismiss. The … More February 1, 2024, opinions
Designated for publication Jones, J. (joined by Richman, Smith, Stewart, Southwick, Haynes, Duncan, Engelhardt, Wilson, JJ.); Graves, J., dissenting (joined by Elrod, Higginson, Willett, Ho, Douglas, JJ.); Higginson, J., dissenting (joined by Elrod, Graves, Willett, Ho, Oldham, Douglas, JJ.); Willett, J., dissenting (joined by Elrod, Graves, Higginson, Ho, Douglas, JJ.); Ho, J., dissenting (joined by … More January 23, 2024, opinions
Designated for publication Dennis, J. (Stewart, Dennis, Wilson), bankruptcy Reversing district court’s dismissal of preference action by secured creditor of debtor that had received the debtor’s rights in the preference action against the former CFO of debtor to avoid transfers of funds to the former CFO just prior to the debtor’s bankruptcy petition, and remanding … More January 22, 2024, opinions
